An ordinance amending the Metropolitan Code of Laws to exempt restaurants that
possess a valid license issued by the Tennessee Alcoholic Beverage Commission
for on-premises sale and consumption of alcoholic beverages from the minimum
distance requirements for obtaining beer permits.

BE IT ENACTED BY
THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That
Section 7.08.090 of the Metropolitan Code of Laws shall be and the same is hereby
amended by deleting subsection E. in its entirety, and substituting in lieu
thereof the following new subsection E.:

"E. Exemption
for restaurants holding a state on-premises alcoholic beverage license.
1. Notwithstanding any other provision of this section to the contrary, any
restaurant that possesses a valid license issued by the state alcoholic beverage
commission for sale and consumption of wine or other alcoholic beverages on
the premises shall be exempt from the minimum distance requirements set forth
in subsection A. of the section upon the adoption of a resolution by the metropolitan
council receiving twenty-one (21) affirmative votes, after notice and a public
hearing, approving the exemption of the restaurant from said minimum distance
requirements. If the metropolitan council does not approve or disapprove the
exemption of the restaurant from the minimum distance requirements within sixty
(60) days of the date of notification by the board to the council and the district
councilmember that such an application has been filed, the restaurant shall
be exempt from the minimum distance requirements set forth in subsection A.
and the board may proceed to consider the application.
2. The public hearing required by subsection E.2. above shall be conducted by
the council public safety-beer and regulated beverages committee. Public notification
of the hearing shall be conducted pursuant to the public notification requirements
for amendments to the official zoning map in accordance with article XV of chapter
17.40 of the metropolitan code of laws, provided that notice by mail shall be
given to all property owners within 600 feet of the restaurant seeking the exemption
from the minimum distance requirements. The costs for the public notification
requirements shall be paid by the applicant, in addition to the regular application
fee pursuant to section 7.08.060 of this chapter.
3. Should a restaurant permit holder that is exempted from the distance requirements
pursuant to this subsection cease to hold a valid license issued by the state
alcoholic beverage commission for sale and consumption of wine or other alcoholic
beverages on the premises, any permit for the sale of beer shall be automatically
deemed revoked by the board and the applicant shall be required to reapply for
the permit without being exempted from any distance requirements. For the purposes
of this subsection, "restaurant" is defined as provided in Tennessee
Code Annotated Section 57-4-102 effective as of the date of the adoption of
this subsection."

Section 2. This
ordinance shall take effect from and after its enactment, the welfare of The
Metropolitan Government of Nashville and Davidson County requiring it.